PART 7OFCOM's powers and duties in relation to regulated services
CHAPTER 6Enforcement powers
Penalty notices etc
139Penalty for failure to comply with confirmation decision
1
This section applies if—
a
OFCOM have given a confirmation decision to a person,
b
the decision includes requirements of a kind described in section 133(1) (requirements to take steps),
c
OFCOM are satisfied that the person has failed to comply with one or more of those requirements, and
d
OFCOM have not imposed a daily rate penalty under section 137(1)(b) in respect of that failure.
2
OFCOM may give the person a penalty notice under this section in respect of the failure to comply with the confirmation decision, requiring the person to pay to OFCOM a penalty of a single amount in sterling determined by OFCOM.
3
But OFCOM may give such a notice to the person only after—
a
notifying the person that they propose to give a penalty notice under this section, specifying the reasons for doing so and indicating the amount of the proposed penalty, and
b
giving the person an opportunity to make representations (with any supporting evidence).
4
A penalty notice under this section must—
a
give OFCOM’s reasons for their decision to impose the penalty,
b
state the amount of the penalty,
c
state the reasons for the amount of the penalty, including any aggravating or mitigating factors that OFCOM have taken into account,
d
specify the period within which the penalty must be paid,
e
contain details of the rights of appeal under section 168, and
f
contain information about the consequences of not paying the penalty (including information about the further kinds of enforcement action that it would be open to OFCOM to take).
5
The period specified under subsection (4)(d) must be at least 28 days beginning with the day on which the penalty notice is given.